Letter to India's Human Rights Commission re VHP /Bajrang Dal Disruption of Orrissa Tribunal

To: Mr. Nirmal Singh
Secretary General, National Human Rights Commission

Address: National Human Rights Commission
Faridkot House, Copernicus Marg, New Delhi-110001, India
Phone: 91-11-23384856; Fax: 91-11-23073876; E-mail: covdnhrc@nic.in


18 June 2005


Dear Mr. Singh,

I am writing to request that the National Human Rights Commission investigate an incident, and its follow-up, characterised by dangerously antagonistic and violent conduct on part of certain persons connected to Hindu nationalist organizations, especially the Bajrang Dal and the Vishwa Hindu Parishad, toward the Indian People's Tribunal on Communalism in Orissa.

I am co-convening and serving on the Indian People's Tribunal on Communalism in Orissa organized by the Indian People's Tribunal on Environment and Human Rights (IPT). Members of the Tribunal have been travelling throughout the state as part of its investigations on communalism in Orissa. The primary investigations of the Tribunal took place from June 11-14, 2005. Persons from Hindu nationalist organizations disrupted and wrought havoc at a meeting held by the Tribunal on 14 June (for details, please see the appended letter to the Superintendent of Police). It is of urgent concern that persons connected to the Bajrang Dal, Vishwa Hindu Parishad, Rashtriya Sevika Samiti (RSS-W), the women's wing of the Rashtriya Swayamsevak Sangh, and the Bharatiya Janata Party intervened to derail the Tribunal process. It is of significant concern that these persons threatened to rape, and parade naked, women associated with the Tribunal, jeopardising the safety and security of women members. It is reprehensible that these persons undermined the Indian People's Tribunal, which was founded on 05 June 1993, based on a people's mandate, to conduct principled investigations that focus on issues of human rights and social and environmental justice.

The Hindu nationalist organizations named above have maligned and targeted the Tribunal and its members. They have threatened Justice K. K. Usha, Former Chief Justice, Kerala High Court, and Justice R. A. Mehta, Former Acting Chief Justice, Gujarat High Court, and Former Director, Gujarat Judicial Academy, who are heading the Tribunal. That senior and respected retired members of the Indian judiciary, one of whom is a woman, could be so humiliated and endangered is an outrage. They have also threatened other women members, and IPT staff. Especially, they have continued to directly intimidate and verbally attack me since the incident, as I remain in Orissa for a few days to continue the Tribunal's work.

After the incident, on the evening of 16 June 2005, the Bajrang Dal held a press conference at Hotel Kesari in Bhubaneswar. Through press reportage I am aware that at the meeting, Mr. Subash Chouhan, the State Convenor of the Bajrang Dal, questioned my right to be in Orissa, alleging that I have been working against Hindu organizations. It was also stated that my involvement with IPT suggests that foreign funds from sources in the United States bent on destabilizing the country (India) are coming into Orissa. This is defamatory and libellous. I would like to clarify that the Indian People's Tribunal has provided funding for costs related to the Tribunal in Orissa. Mr. Chouhan also stated that if I continue, the Bajrang Dal and the Vishwa Hindu Parishad would strongly challenge and repress me. Some of his statements have since appeared in the Oriya press and has been televised (in Dharitri, Anupam Bharat and Sambad newspapers, 17 June 2005; and on O-TV on 17 June 2005).

It is ironic that while non-resident Indians are being encouraged to participate in the well-being of the Indian nation, I am being targeted for doing so. I am a citizen of India and a non-resident Indian/resident alien of the United States who is an associate professor of anthropology and teaches in an accredited institution of higher learning. I am an academic and receive a salary from the university where I teach in San Francisco. I have also received support to conduct and oversee advocacy, policy and action research from credible institutions, including the Planning Commission of India. I am married to a Jewish-American man, who is also an academic and anthropologist and who identifies as secular. I travel to India regularly, at least twice each year, to continue my research work and visit family and friends. My work has been focused on the human rights of dalits, adivasis, women, as well as other disenfranchised and minority groups across religion, caste and class, inclusive of numerous people who self-define in some way as Hindu. I would also like to clarify that I am a secular person of Hindu descent and that my taking a position opposing Hindutva and Hindu nationalism is in no way in opposition to Hindus or Hinduism.

Various individuals, groups and political parties in Orissa have condemned the attack on the Indian People's Tribunal. The All India Democratic Women's Association-Orissa (AIDWA-Orissa) held a protest outside the Superintendent's Office on the morning of 16 June 2005 demanding that an investigation be conducted into the incident against the Indian People's Tribunal and these perpetrators be brought to justice. In addition, thus far the Communist Party of India (Marxist), the Communist Party of India and the Samajwadi Party (Women's Wing) have condemned the incident. This incident and its aftermath compromise the basic safety of citizens and endanger the law and order situation in the state. I am also aware that if the Indian People's Tribunal is threatened and violated in Orissa for undertaking an inquiry in the state capital, marginalized people's and groups will be made far more vulnerable if they speak up.

I am writing to plead that the National Human Rights Commission undertake an investigation into the above, and into matters and circumstances in Orissa that pose a threat to the sanctity and security of human rights in the state, particularly of religious minorities, disenfranchised adivasi and caste groups, and other vulnerable groups such as women and secular organizations, and active individuals.

Various incidents have occurred and continue in the State of Orissa instigated by Hindu nationalists that communalize society and create communal violence. As you are aware, in January 1999, Australian missionary Graham Staines and his two sons, Philip and Timothy, were murdered. On 16 March 2002, the Orissa State Assembly was attacked days after the horrific targeting of minorities in Gujarat, as a few hundred Vishwa Hindu Parishad and Bajrang Dal activists burst into the Orissa Assembly and ransacked the complex, demanding the construction of the temple in Ayodhya and objecting to alleged remarks made against the two organizations by House Members. In February 2004, in Jagatsinghpur District, seven Christian women and a male pastor were forcibly tonsured and a social boycott is in place against them even to this day. In August 2004, a church in Phulbani District was attacked. Poor Muslims who trade in cows, leather and meat are intimidated and threatened on a regular basis in the state. Adivasis have been forcibly converted to Hinduism. Dalits in Orissa are being mobilized to serve the Hindu Rashtra. Violence against women continues. Hindu nationalist organizations are mobilizing one of the largest volunteer bases in Orissa, creating, and infiltrating into, political, governmental, developmental, educational and charitable institutions.

The State Government of Orissa has been incapable of dealing with, or responding appropriately to, these issues and the serious concerns they pose to democratic governance in the state, and of ensuring the security and sanctity of peoples and groups made vulnerable through majoritarian communalism as perpetrated by Hindu nationalist organisations in the state.

I am hopeful that you will mobilize the considerable expertise and experience of the Commission to effectively respond to these issues and take preventative action to ascertain rule of law, freedom of speech, freedom of movement, freedom of assembly, freedom of inquiry, and the right to information in Orissa.

Enclosed, please find the following documents pertaining to the above:
1. IPT press release of 14 June 2005
2. My statement to the Superintendent of Police of 15 June 2005

If you should need to contact me, please do not hesitate to do so at the following address(es).


Yours sincerely,

Dr. Angana Chatterji
Associate Professor, Social and Cultural Anthropology
California Institute of Integral Studies

[ . . . ]



Cc: Mr. Mihir Desai
Indian People's Tribunal and Advocate, Mumbai High Court and Supreme Court of India, and co-convenor of the Indian People's Tribunal on Communalism in Orissa.

______________________________________


IPT PRESS RELEASE


INDIAN PEOPLE'S TRIBUNAL (IPT)
On Environment and Human Rights

14 June 2005


PRESS NOTE: FOR IMMEDIATE RELEASE
SANGH PARIVAR DERAILS TRIBUNAL ON COMMUNALISM IN ORISSA, THREATENS WOMEN MEMBERS



The Indian People's Tribunal on Environment and Human Rights (IPT) has been traveling throughout the state as part of its investigations on communalism in Orissa. The primary investigations of the Tribunal took place from June 11-14, 2005. While conducting a hearing with Hindu nationalist organizations on June 14th, at 11 am, at the Red Cross Bhavan in Bhubaneswar, Sangh Parivar members verbally attacked Tribunal members, made false, defamatory, and inflammatory statements, sought to seize information gathered during the investigations, and shouted threats, including the promise to rape attending female members of the Tribunal.

The event began without incident. Invited representatives of the Bajrang Dal and Vishwa Hindu Parishad (VHP) came to offer testimonies. The first person to depose was Mr. Ramachandra Behera, a journalist representing the Media News Agency and also a supporter of the Bajrang Dal. Tribunal members had taken his consent for tape-recording the testimony. Sangh Parivar members Mr. Bansidhar Pradhan, Mrs. Padmaja and Ms. Mamta Mallik also deposed. During the depositions these persons received a fax from the Vishwa Hindu Parishad, Orissa. The fax was given to Tribunal members by Sangh Parivar members.

The fax made allegations against the Tribunal, its conduct, and against persons associated with it. The note stated that that IPT was, "[a] self-appointed body composed wholly of leftists, fellow travellers, all known Hindu baiters." The note of the VHP was signed by the Organizing Secretary, and included allegations against Dr. Angana Chatterji, a professor of anthropology, who has been working with advocacy research in Orissa since 1995, and teaches in San Francisco, stating that "the inclusion of an NRI well known for anti-Hindu activities in the US suggests foreign funds from sources bent on destabilizing the country." There is no merit to these allegations. The Indian People's Tribunal has provided all funding for costs related to the Tribunal in Orissa. No private funds or grants were solicited, and participation by all members is on a voluntary basis and in their capacity as individuals. ITP and the individuals participating on the Tribunal are all highly respected, and of immense credibility.

After receiving the fax, Sangh Parivar members demanded that Tribunal members give them the two micro cassettes recording their session. Tribunal members attempted to reason with them and persuade them to leave the tapes in the Tribunal's custody, stating that the Sangh Parivar testimonial was necessary to the Tribunal's work and that the Sangh Parivar members who deposed had done so with informed consent. Sangh Parivar members aggressively responded to Justice Usha and Justice Metha. To Dr. Chatterji, Sangh Parivar members said that they know of her "vicious activities". Sangh Parivar members insisted menacingly and threateningly that the tapes with information gathered by the Tribunal be returned. If the tapes were not given to them, they stated that they would ensure their possession by using any means necessary. Dr. Chatterji, who had custody of the tapes, destroyed them in front of Parivar members. At this time, approximately 9 Sangh Parivar members gheraoed the Tribunal members present and the IPT staff. At that time, barring Justice Mehta, all the other Tribunal members (Justice Usha, Dr. Chatterji, Dr. Hans) and staff (Ms. Sameena Dalwai, Ms. Priyanka Josson and Ms. Maya Nair) in the room were women.

The Tribunal members present took a decision, given the escalated and tense situation, to leave the hearings and cancel the meetings scheduled for the rest of the day.

Outside, Sangh Parivar members became increasingly abusive and violent in their speech, shouting, "this is an IPT funded by the foreign funding agencies to tarnish the image of the Hindu Rashtra and we will rape those women". When the Tribunal staff was leaving, one of the Sangh Parivar members said that: "We will parade them naked". Ms. Mallik of the Sangh Parivar also forcibly took a picture on her mobile phone of Dr. Chatterji, saying that: "we will make sure that everybody knows your face". The Parivar members also took down the vehicle numbers of the Tribunal.

Tribunal members regret and would like to strongly deplore the high-handed and aggressive actions of the Sangh Parivar that has now derailed the Tribunal process.

The Indian People's Tribunal on Environment and Human Rights was constituted by a people's mandate in 1993 to investigate human rights violations and cases of environmental degradation. The IPT is particularly concerned about cases that affect the lives and livelihood of a vast majority of urban and rural poor. The IPT process endeavours to inquire into the exact nature of a problem, and provide a true picture by providing a space for all the concerned parties to present their views.

The Tribunal is headed by Justice K. K. Usha, Former Chief Justice, Kerala High Court, and Justice R. A. Mehta, Former Acting Chief Justice, Gujarat High Court, and Former Director, Gujarat Judicial Academy.

The Tribunal is convened by Dr. Angana Chatterji, Associate Professor, Anthropology, California Institute of Integral Studies, and Mr. Mihir Desai, Indian People's Tribunal and Advocate, Mumbai High Court and Supreme Court of India.

Other Tribunal Members are Dr. Chetan Bhatt, Reader, Sociology, Goldsmiths College, University of London; Dr. Asha Hans, Professor, Women's Studies, Utkal University; Ms. Lalita Missal, National Alliance of Women-Orissa Chapter; Dr. Shaheen Nilofer, Scholar-activist from Orissa; Mr. Sudhir Patnaik, Scholar-activist from Orissa; Dr. Ram Puniyani, EKTA, Committee for Communal Amity.

In case you have any further inquiries about the process or you wish to communicate to us your decision to depose before the panel then you may contact me (contact information below), or the co-convenors of the Indian People's Tribunal on Communalism in Orissa, Dr. Angana Chatterji at 9937413370 or achatterji@ciis.edu and/or Mr. Mihir Desai at iptindia@vsnl.net.


Yours sincerely,

Deepika D'Souza, National Coordinator
Indian People's Tribunal
4th Floor, CVOD, Jain High School, 84, Samuel Street, Dongri, Mumbai - 400009
Phone : 00-91-22-23439651 / 23436692 Fax: 00-91-22-23433698
Email : iptindia@vsnl.net

______________________________________


STATEMENT TO SP


To: Mr. Amitava Thakur
Superintendent of Police


16 June 2005


Dear Mr. Thakur,

I am writing to inform you that, at this stage, my statement dated 15 June 2005 (enclosed below) is not submitted as a First Information Report. It is rather a request that you take appropriate action based on the incident narrated in my statement, so that in future such incidents not be repeated.



Yours sincerely,


Dr. Angana Chatterji
Associate Professor, Social and Cultural Anthropology
California Institute of Integral Studies

Address in Bhubaneswar: XXXX
[. . .]


_____________________


To: Mr. Amitava Thakur
Superintendent of Police


15 June 2005


Dear Mr. Thakur,

I am writing to you to inform you of an incident characterised by shocking and dangerously aggressive conduct and to express my concern regarding the behaviour of certain persons connected to Hindu nationalist organizations.

I am convening and serving on the Indian People's Tribunal on Communalism organized by the Indian People's Tribunal on Environment and Human Rights (IPT). Members of the Tribunal have been travelling throughout the state as part of its investigations on communalism in Orissa. The primary investigations of the Tribunal took place from June 11-14, 2005.

Yesterday, 14 June 2005, we were conducting a hearing with Hindu nationalist organizations, between 11 am and 1 pm, at the Red Cross Bhawan in Bhubaneswar. During the majority of the hearing, along with me, other Tribunal members present were: Justice K. K. Usha, Former Chief Justice, Kerala High Court, and Justice R. A. Mehta, Former Acting Chief Justice, Gujarat High Court, and Former Director, Gujarat Judicial Academy, who are heading the Tribunal; Mr. Mihir Desai, Indian People's Tribunal and Advocate, Mumbai High Court and Supreme Court of India, who is co-convening the Tribunal with me; Dr. Asha Hans, Professor, Women's Studies, Utkal University; and Dr. Ram Puniyani, EKTA, Committee for Communal Amity. In addition, the following IPT staff members were also present: Ms. Sameena Dalwai, Ms. Priyanka Josson and Ms. Maya Nair.

(Other Tribunal Members who were not present at that meeting were: Dr. Chetan Bhatt, Reader, Sociology, Goldsmiths College, University of London; Ms. Lalita Missal, National Alliance of Women-Orissa Chapter; Dr. Shaheen Nilofer, Scholar-activist from Orissa; Mr. Sudhir Patnaik, Scholar-activist from Orissa.)

On 14 June 2005, shortly after 11 am, the event began without incident. Invited representatives of the Bajrang Dal (BD) and Vishwa Hindu Parishad (VHP) came to offer testimonies. The first person to depose was Mr. Ramachandra Behera, who informed us that he was a journalist representing the Media News Agency and also a worker of the BD and he showed us the letter of invitation that had been sent to Mr. Subash Chouhan, State Convenor, BD. Tribunal members had taken his oral consent for audio-recording the testimony. The Tribunal members had sought consent of all subsequent persons.

Following the conversation with Mr. Behera, Mr. Bansidhar Pradhan testified, identifying as a member of the VHP. Following which, another male person testified, also identifying as a member of the VHP. Following which, Mrs. Padmaja, who identified as a member of the Rashtriya Sevika Samiti (RSS-W) and Bharatiya Janata Party (BJP), deposed before the Tribunal.

During the last few minutes of Mrs. Padmaja's testimony, between 12.25-12.30 pm, Mr. Desai and Dr. Puniyani left the meeting for the airport, to take a flight to Mumbai.

Then Ms. Mamta Mallik, who identified as a member of the RSS-W, also deposed. During Mrs. Mallik's deposition, those who offered testimonies identifying as VHP members received a fax from the Vishwa Hindu Parishad, Orissa, Cuttack Office. These persons gave a copy of the fax to Tribunal members.

The fax made allegations against the Tribunal, its conduct, and against persons associated with it. The note stated that IPT was, "[a] self-appointed body composed wholly of leftists, fellow travellers, all known Hindu baiters." The note of the VHP was signed by the Organizing Secretary, and included allegations against me. I am an associate professor of anthropology, and have been working with advocacy research in Orissa since 1995, and teach in San Francisco. The fax stated that: "the inclusion of an NRI [non-resident Indian, referring to me] well known for anti-Hindu activities in the US suggests foreign funds from sources bent on destabilizing the country." There is no merit to these allegations. The Indian People's Tribunal has provided all funding for costs related to the Tribunal in Orissa. No private funds or grants were solicited, and participation by all members is on a voluntary basis and in their capacity as individuals.

After receiving the fax, one of the persons from Hindu nationalist organizations received a phone call on his mobile phone and left the room. Then some of the others followed. Those who deposed returned to the meeting room and abruptly stated that the meeting was over and that they had nothing to say to the Tribunal, and that the fax was the only information that they wanted to submit. At some point during this, when many of the people from Hindu nationalist organizations left the room for a brief time, Dr. Hans went out to see what had happened to take them out of the room. Later I learned that given the situation Dr. Hans had decided to leave the building, and had driven home.

Mr. Pradhan referred to my earlier meeting with Mr. Chouhan, stating that 'they' were aware of who I was and that my work was harmful to Orissa. Those who deposed then accused the Tribunal of anti-Hindu and anti-state activities and demanded that the tapes recording their session be returned to them. All the Tribunal members and staff spoke and attempted to reason with them and persuade them to leave the tapes in the Tribunal's custody, stating that testimonials from representatives of Hindu nationalist organizations were necessary to the Tribunal's work, and that the representatives who deposed had done so with informed consent. It is illogical to accept an invitation to depose at a Tribunal on Communalism, give consent to be recorded and then claim that any coercion or deception has been perpetrated. We also explained that the tapes were necessary for the Tribunal to facilitate accurate representation. At which point, Mr. Pradhan said that they had no idea that they were being taped. However, the tape-recorder was placed in front of each person during their testimony and was in full view of those deposing at all times. After the first tape was over, the tape was changed in front of those deposing. Approximately, one and a quarter micro-cassettes, each of 90-minute duration, were used during the entire session.

Those who had deposed to the Tribunal were joined by others and together they verbally attacked Tribunal members, made false, defamatory, and inflammatory statements, in obscene and vile language, and sought to seize information gathered during the investigations. At that time, barring Justice Mehta, all the other Tribunal members (Justice Usha and myself) and staff (Ms. Sameena Dalwai, Ms. Priyanka Josson and Ms. Maya Nair) in the room were women. Those who deposed aggressively responded to Justice Usha and Justice Metha. To me, those who deposed said that they know of my "vicious activities". Those who deposed insisted menacingly and threateningly that the tapes with information gathered by the Tribunal be returned. If the tapes were not given to them, they stated that they would ensure their possession by using any means necessary. I had the tapes in my custody and they said that they were asking me "nicely, as a sister", and if I did not listen, then they would be forced "to do what they needed to do" to take the tapes away, and that I should not force them to act. When they approached me threatening to take it away I was forced to destroy the tapes in front of those who had deposed. By this time, approximately 9 persons had gheraoed the Tribunal members present in the room and the IPT staff.

The Tribunal members and IPT staff present left the room, given the escalated and tense situation, with the intent to leave the building. Outside, those who had deposed and the others who joined them continued to shout threats, including the promise to rape attending women members of the Tribunal. They became increasingly abusive and violent in their speech, shouting, "This is an IPT funded by the foreign funding agencies to tarnish the image of the Hindu Rashtra and we will rape those women". When the Tribunal staff was leaving, one of the people said that: "We will parade them naked". Ms. Mallik also forcibly took a picture on her mobile phone of me, saying that: "We will make sure that everybody knows your face". The people from Hindu nationalist organizations also said that they would note the vehicle numbers of the cars that Tribunal members were travelling in.

On leaving Red Cross Bhavan we made a few decisions: that all the Tribunal members and staff that were staying at the Swosti Hotel would move to another place; and that given the escalated and tense situation, we would cancel the public hearing scheduled for 2.30-5.30 pm and the press conference, scheduled for 6.30-8.30, to report preliminary thoughts on the investigation. At the public hearing we had invited numerous persons to come and speak to us, including persons from political parties, people's movements, minority and women's groups. People had taken the time and care to prepare and come to attend the public hearing, and the Tribunal was forced to miss the opportunity of hearing their testimonials. Later in the afternoon we met with a few press persons in private to report the incident.

Since the incident occurred I have been receiving intimidating calls. Last night I received a call from Mr. Subash Chouhan. This morning I received a phone call from a number that my mobile phone recorded as 9937316110. When I asked the caller to identify himself he asked if I had heard of Dara. Dara Singh, the man who can take care of trouble, he stated. He stated that he knows who I am, of my actions and movements. He stated that I should not forget that this is Orissa. He said that if I did not behave like a "woman should", I would be raped, murdered, then cut into pieces, and that no one would know how it happened. Tonight I received a call from Mr. Behera, who stated that by publicising the incident I had maligned him and his "company". I have also received a number of calls from unidentified persons who have been verbally abusive on the phone.

I am horrified and saddened by the high-handed and aggressive actions of these persons connected to the BD, VHP, RSS-W and BJP that has now derailed the Tribunal process. That senior and respected retired members of the Indian judiciary, one of them a woman, could be so humiliated and threatened is unfathomable. It has also undermined the Indian People's Tribunal, which was founded on 05 June 1993, based on a people's mandate, to conduct principled investigations that focus on issues of human rights, social and environmental justice. The Indian People's Tribunal on Environment and Human Rights investigates and adjudicates on human rights violations and environmental injustices, emphasizing issues of state accountability and the conditions of the marginalized, in particular, women, children, adivasi/indigenous peoples, dalits, minority groups, including sexual identity based groups, labourers, the disabled, and prisoners.

Through this process, I am also made acutely aware that if bodies with the legitimacy and social recognition such as the Indian People's Tribunal can be so threatened in Orissa and violated for undertaking an inquiry in the state capital, the plight and vulnerability of marginalized people's and groups must be assumedly so much worse should/when they attempt to speak up. I am hopeful that you will take appropriate action to ensure that democratic and public processes can continue in Orissa, and that people, particularly women, as was the case here, participating in these processes do not encounter violent behaviour or fear for their safety. To ensure that there is no breakdown in governance, it is imperative that rule of law is ensured to enable freedom of speech, freedom of movement, freedom of assembly, freedom of inquiry, and the right to information.



Yours sincerely,


Dr. Angana Chatterji
Associate Professor, Social and Cultural Anthropology
California Institute of Integral Studies

Address in Bhubaneswar: XXXX
Phone in Bhubaneswar: [ . . .]